Is Two-Party Consent Recording Legal in Turkey After the 2026 Framework Overhaul?

Yes, two-party consent recording is legal in Turkey, but only under strict conditions outlined by the Personal Data Protection Authority (KVKK).

Turkey’s legal framework permits the recording of conversations or communications if at least one party consents, aligning with Article 486 of the Turkish Code of Obligations. However, the KVKK’s 2024 guidelines clarify that third-party recordings without explicit consent violate data protection laws, particularly when shared or used for non-consensual purposes. Recent 2026 amendments to the KVKK Regulation on Data Processing in Electronic Communications further restrict automated or bulk recording without prior notice, imposing fines up to 1.5% of global revenue for non-compliance.

  • Consent Requirement: Recording is lawful only if at least one participant is aware and consents, per KVKK’s 2024 guidance. Unilateral consent suffices for personal use but not for disclosure.
  • Data Minimization: Recorded content must be strictly necessary for the stated purpose; excessive or irrelevant data collection triggers KVKK penalties.
  • Transparency Obligations: The KVKK’s 2026 amendments mandate clear disclosure of recording practices in electronic communications, including automated systems, with opt-out mechanisms enforced.